Go-ahead to resolve DePuy hip claims

A High Court judge yesterday gave the go-ahead for an alternative dispute resolution system aimed at settling over 1,000 cases against DePuy International where people who underwent hip replacement operations have sued over allegedly defective implants.

The move will free up the High Court personal injury list and ensure that the cases against DePuy International will be decided speedily.

Mr Justice Kevin Cross, who in recent months had warned that if a dispute resolution system was not put in place it could be several years before all the cases had their day in the High Court, urged all those involved to put the voluntary scheme in train immediately.

A retired High Court judge is to be asked to oversee the scheme which will have a team of evaluators to examine all medical reports submitted with a decision made within six weeks of receipt of all documentation.

At six-month intervals, the manager of the scheme will have to report to the chairperson on the progress achieved including the number of cases dealt with and whether they have been rejected, accepted or processed.

Mr Justice Cross yesterday in the High Court heard submissions from senior counsel and solicitors representing hundreds who have taken proceedings over alleged defective hip implants.

Counsel John O’Mahony, who acts for several firms, said some plaintiffs are extremely aggrieved and angry and he said they are entitled to the benefit of the general system and should be able to claim aggravated damages.

Mr O’Mahony also said there should be provision for oral testimony to be taken.

Michael Howard, counsel for DePuy, said the company does not accept these products are defective in every case.

He said DePuy had no difficulty in boosting the number of evaluers to 10.

Referring to the request on oral testimony, Mr Howard said the Alternative Dispute Resolution system is paper based and if anybody could ask to have oral testimony taken it could render the process one that does not work.

Mr Justice Cross said he was very anxious that the system be set up as soon as possible.

He said the scheme will be voluntary. The judge pointed out that even with fixing two cases to go ahead in the High Court every week he would be past his retirement age before all the cases in the pipeline were resolved.

He said DePuy had set out a scheme and he congratulated all sides for taking part in the process.

He said he did not believe it appropriate to include claims for aggravated damages in the scheme.